DAT v Inner West Council [2017] NSWCATAD 253

DAT v Inner West Council [2017] NSWCATAD 253

There was no evidence that the opinion used was not relevant, up to date, complete, genuinely formed, or misleading; therefore, there was no breach of s 16 and no reasonable steps were required given the subjective nature of the opinion and the circumstances.

Parties
Applicant: DAT; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
23 August 2017
Procedural Posture
Administrative Review / Final Decision
Outcome
Application dismissed
Legal Topics
Use of Personal Information, Accuracy of Personal Information, Procedural Fairness
Administrative Law Privacy Law Use of Personal Information Accuracy of Personal Information Procedural Fairness

Case Brief

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Parties

DAT

Applicant

Inner West Council

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether the Council breached s 16 of the Privacy and Personal Information Protection Act 1998 by failing to take reasonable steps to ensure the accuracy, relevance, completeness, up-to-date status, and non-misleading quality of an opinion used as personal information

Ratio Decidendi

There was no evidence that the opinion used was not relevant, up to date, complete, genuinely formed, or misleading; therefore, there was no breach of s 16 and no reasonable steps were required given the subjective nature of the opinion and the circumstances.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.